Kartik Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20416 of 2021 Arising Out of PS. Case No.-481 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== Kartik Sharma Son Of Rijhan Sharma @ Rijhan Tanti R/O Village- Karua, Ward No.05, P.S.- Simri Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr. Iftekhar Mahmood A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

14-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Saharsa P.S. Case No. 481 of 2020, registered for the offence under Sections 341, 323, 334, 353, 352, 332, 333, 504, 506, 120(B) of the Indian Penal Code and Section 46/47 of the Jail Manual.

As per the prosecution case, this petitioner alongwith other prisoners in jail were making slogans against the Jail Administration against the mandate of Jail Manual. It is submitted on behalf of petitioner that there is general and omnibus allegation against the petitioner in the present case. Similarly situated co-accused namely Keshav Mishra has already been granted bail by a coordinate Bench of this Court, vide order dated 07.07.2021 passed in Cr.Misc. No. 14246 of 2021. Petitioner is in custody since 30.07.2020.

Patna High Court CR. MISC. No.20416 of 2021(2) dt.14-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saharsa P.S. Case No. 481 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T